Marlien Mikhail v. Alejandro Mayorkas et al

Filing 12

ORDER RE: DISMISSAL WITHOUT PREJUDICE 11 by Judge Fernando M. Olguin. This action is dismissed without prejudice to any party seeking to vacate this Order and reopen the action nunc pro tunc in the event that plaintiff is unable to receive a determination in the time contemplated by the parties. Case Terminated. Made JS-6. (iv)

Download PDF
1 2 3 4 5 6 JS-6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 MARLIEN MIKHAIL, ) ) Plaintiff, ) ) v. ) ) ALEJANDRO MAYORKAS, Secretary of ) the Department of Homeland Security, et ) al., ) ) Defendants. ) ) Case No. ED CV 24-1110 FMO (Ex) ORDER RE: DISMISSAL WITHOUT PREJUDICE 17 18 The court has reviewed and considered the parties’ Joint Stipulation to Stay Case Pending 19 Adjudication of Application (“Stipulation”). The parties request a stay of the action in the interest 20 of judicial economy, noting that plaintiff will voluntarily dismiss this case upon receipt of the asylum 21 decision. In the court’s experience with numerous similar requests in recent mandamus actions 22 challenging similar delays, the setting of an agreed interview date generally leads to the resolution 23 of the parties’ dispute without the need for further intervention by the court. However, staying 24 cases requires the continued commitment of judicial resources to monitoring the cases and 25 ensuring compliance with requirements to file status reports. It also increases the burden on the 26 parties to file status reports or seek dismissal of the stayed case upon resolution of the matter. 27 It appears that the more efficient approach is to dismiss this action without prejudice to 28 either party moving to reopen nunc pro tunc in the event that further court intervention becomes 1 necessary. The court perceives no practical difference between this approach and the relief 2 stipulated by the parties, apart from eliminating the need for future monitoring or action if the 3 parties honor their agreement, as the court expects them to. 4 Based on the foregoing, IT IS ORDERED THAT this action is dismissed without 5 prejudice to any party seeking to vacate this Order and reopen the action nunc pro tunc in the 6 event that plaintiff is unable to receive a determination in the time contemplated by the parties. 7 Dated this 3rd day of July, 2024. 8 9 /s/ Fernando M. Olguin United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?